A report issued following the recent fatal Bay Area Rapid Transit (BART) accident reveals that the driver was still a trainee and not certified to drive the train.  According to an investigator for the National Transportation Safety Board, the man who was operating the train that killed two workers inspecting a section of track, was taking a “training and maintenance run” when the accident occurred.  Sources say that unions for the striking workers had warned that it would be dangerous for inexperienced operators to drive the trains after a representative of BART had stated it would train drivers to provide shuttle services during the railroad workers strike.  This finding will likely lead to additional questions such as whether the railroad was negligent or could be held liable in a California wrongful death action. 

Whenever a serious personal injury accident occurs, several questions concerning liability, negligence and cause arise.  While major transportation accidents often involve the NTSB, it is also important for an injured party or their family members to consult with an experienced Sacramento personal injury attorney who can begin an investigation into the incident on their behalf.  A skilled California accident attorney can look at all of the factors that cause or contributed to a particular incident and help you determine your next steps.  

For example in this instance one issue that may arise is whether the railroad was negligent in allowing the trainee to drive the train and whether this negligence was the cause of the workers’ deaths. If so, the railroad may be liable and responsible for damages. Further, railroad workers are one of the few types of employees not covered by traditional state worker’s compensation. However, the workers and their families may receive workers’ compensation benefits through different systems such as the Federal Employers’ Liability Act, also called the Railroad Workers Act. This act permits railroad workers not covered by their state’s workers’ compensation system to sue their employer for their industrial accidents and recover damages such as medical treatment and lost wages, and can also include pain and suffering damages. Many issues are raised whenever an individual suffers a serious personal injury or dies as the result of another’s negligence.

For more information or if you or a loved one has been injured in a California accident, please contact the top Sacramento personal injury attorneys at the Law Offices of Frederick J. Sette for an immediate consultation.

San Francisco news has reported that a surveillance video shows that the driver of a truck may be responsible in last month’s bicycle accident at the intersection of Folsom and Sixth streets. The accident killed Amelie Le Moullac, a young cyclist on the way to work.  Video of the driver of a food delivery truck shows that he made critical errors and may have been driving too fast to safely make the turn.  According to a representative, he failed to get into the bike lane, which is the proper procedure when there's a bike lane and you're making a right turn."  

The family is considering filing a wrongful death lawsuit as a result of the accident.  A wrongful death lawsuit is similar to a personal injury lawsuit but is brought by the surviving family members of an individual killed as the result of the recklessness or negligence of another.  If you have lost a loved one as the result of the actions of another, it is important to consult with a top Sacramento wrongful death attorney right away.  A skilled wrongful death attorney can begin an investigation into all of the factors that may have lead to an incident.  In this instance, the bicyclist was initially blamed for her injuries.  However, a member of the bicycle coalition uncovered surveillance video that shows that although the truck had its blinker on, Le Moullac was right next to the cab and couldn't see it.

Further, the truck driver’s speed made it impossible for him to to safely make the turn.  Reports also reveal that the truck driver failed to get into the bike lane, which is the proper procedure when there's a bike lane and you're making a right turn.  In a statement following the announcement of the wrongful death lawsuit, the trucking company noted "Daylight Foods deeply regrets that one of its trucks was involved in a fatal accident, and we extend our sincerest sympathies to Amelie Le Moullac's family and friends. Daylight Foods takes traffic safety very seriously, and we are deeply saddened by this tragedy.”

For more information or if you or a loved one has suffered a serious personal injury, please contact the top Sacramento wrongful death lawyers at the Law Offices of Frederick J. Sette for an immediate consultation.

San Jose authorities are searching for a driver in a suspected hit-and-run accident that occurred early this morning.  The head-on collision killed two women.  Reports indicate that the women were riding in a Toyota Yaris and had taken a left when someone driving a Mercedes sedan slammed into the front of the car.  Just a few minutes earlier police had attempted to pull over the Mercedes sedan after they had seen it driving erratically.   The vehicle drove rapidly through a red light, turning left onto First St., at which point the officers decided not to engage in what they said would have been a risky pursuit on city streets.

If you or a loved one has been injured in any type of car accident – including head-on collisions – it is important to consult with a skilled Sacramento car accident attorney right away.  A knowledgeable car collision attorney can begin an investigation into all of the factors surrounding your case and help ensure you get the compensation you deserve.

The tragic deaths of the two women in this instance was compounded by the fact that the responsible driver fled the scene.    Most states including California require that a driver stop as soon as is safe following an accident.  California Vehicle Code Sec. 20001 provides that any driver regardless of fault must stop after an accident that involves property damage or personal injury and exchange identifying information.   In the event you are not the owner of the car, you must also provide the name and address of the registered owner. 

However, despite laws requiring drivers to stop, people may still flee the scene of an accident for a variety of reasons.  Many times, individuals simply panic and don’t know what to do.  They may be scared, but then later contact the authorities to report an accident.  Other times, a hit-and-run accident may be the result of drunk driving.  In these situations a driver may fear arrest and fail to stop, making the situation and potential penalties even worse.  Whatever the motivation, it’s always better to stop than to flee the scene of an accident.

In this instance, the driver fled on foot.  Police continue their investigation.

For more information, please contact a top Sacramento personal injury lawyer at the Law Office of Frederick J. Sette for an immediate consultation.